Acórdão nº 9820292 de Court of Appeal of Porto (Portugal), 12 de Maio de 1998
| Magistrado Responsável | PIRES RODRIGUES |
| Data da Resolução | 12 de Maio de 1998 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR PROC CIV. DIR CIV - DIR CONTRAT.
Legislação Nacional: CPC67 ART661 ART664 ART493 N3. CCIV66 ART801 ART802 ART808. RAU90 ART111.
Jurisprudência Nacional: AC STJ DE 1995/01/17 IN BMJ N443 PAG360.
Sumário: I - A sentença não pode condenar em quantidade superior ou em objecto diverso do que se pedir, e para isso não basta que haja coincidência entre o pedido e o julgado é preciso que haja identidade entre a causa de pedir e a causa de julgar. II - A cessão de exploração de estabelecimento comercial é um negócio atípico, não lhe sendo aplicáveis as disposições legais relativas ao contrato de arrendamento. III - Se os Autores alegam que celebraram...
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